Dhanji Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15098 of 2024 Arising Out of PS. Case No.-285 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== 1.

Dhanji Manjhi S/o Hira Manjhi 2.

Niraj Manjhi @ Niraj Kumar Manjhi S/o Late Parsuram Manjhi 3.

Chotelal Manjhi S/o Late Kashi Manjhi 4.

Chinta Devi W/o Chotelala Manjhi 5.

Sabita Devi W/o Dhanji Manjhi 6.

Shanti Devi W/o Late Parsuram Manjhi All are resident of Village-Sengar Tola, Ward No. 20, P.S- Rivilganj, Distt.- Saran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-03-2024 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The accused/petitioners are named in the FIR and appending their arrest in connection with Rivilganj P.S. Case No.285 of 2023 registered for the offences punishable under Sections 341, 323, 379, 354B read with 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

Patna High Court CR. MISC. No.15098 of 2024(2) dt.12-03-2024 2/3

3. Allegation against the petitioners is to sexually assault the minor daughter of the informant aged about 17 years along with co-accused persons/ family members, where occurrence is alleged to be arises out of previous pending litigation.

4. It is submitted that allegation qua petitioners appearing very much general and omnibus being family members of main co-accused, namely, Rajan Manjhi against whom the thrust of allegation qua sexual assault is available as per narration of FIR. It is submitted that petitioner nos. 2 and 3 found involved in two more criminal cases, where they are on bail and petitioner nos. 2, 4, 5 and 6 are men of clean antecedent.

5. The learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as allegation of sexual assault is not available against these petitioners rather same is available against co-accused, namely, Rajan Manjhi,

Patna High Court CR. MISC. No.15098 of 2024(2) dt.12-03-2024 3/3 accordingly, the all above-named petitioners are directed to be released on bail in the event of their arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Saran at Chapra in connection with Rivilganj P.S. Case No.285 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chandra Shekhar Jha, J.) Sanjeet/- U T